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Magda Dolińska-Rydzek 《欧亚研究》2019,71(7):1236-1237
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This paper addresses the position of the European Convention on Human Rights (ECHR) and the European Court of Human Rights
(ECtHR) case-law in Kosovo’s domestic legal order. To begin with, it reviews the background of the issue of human rights in
Kosovo highlighting its distinct position and perspective. This article then analyses the position held by the European Convention
on Human Rights and its protocols in Kosovo’s legal order while also addressing the ECHR’s constitutionalization, its direct
effect and the constitutional review on basis of it. The paper then examines whether the case-law of the ECtHR is binding
in Kosovo, whether it is directly effective, and whether Kosovo’s Constitutional Court can use it as a ground in the conduct
of constitutional reviews. This paper argues that the ECHR and the case-law of the ECtHR both hold a privileged status under
Kosovo’s constitutional law, despite Kosovo not being a party to the ECHR and, therefore, having no international liability
to implement the ECHR. In addition, the paper offers certain arguments regarding the relative positions of the ECHR and the
case-law of the ECtHR within the current practice of Kosovo’s judicial system. This paper concludes with the argument that
the ECHR and the case-law of the ECtHR hold a privileged status in the context of Kosovo’s domestic legal order—one which
could serve as a precedent in respecting human rights and freedoms. 相似文献
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This article assesses Kosovo's post-independence efforts to reform the civil-service system and establish a merit-based civil-service system. It also provides an overview of the relationship between civil service and other political institutions and asks whether the constitutional choices have—to a certain degree—influenced the existing design of the civil service. Moreover, the article exposes the current trend of politicization and describes the models through which the latter is developing. Finally, the article asks whether the current system of recruitment, promotion, and appointment of senior managing staff preconditions a political civil-service system. 相似文献
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Dren Doli 《国际公共行政管理杂志》2013,36(9):601-613
This article examines the constitutional position of ethnic minorities in Kosovo, the individual features, and the key protection mechanisms applied therein. At the outset, the article provides a general introduction to the topic, illustrating the character of Kosovo's state model. Subsequently, it builds upon the view that Kosovo was shaped under an international supervision, which aimed to establish a state freed from mono-ethnicity, which is regarded as both multi-ethnic and a state of citizens. The article proceeds to explain the institutional mechanisms established with the objective to protect and uphold the ethnic minorities’ position at both central and local levels. Furthermore, it discusses the affirmative human rights law standards granted to ethnic minorities—both at personal and collective levels. The article concludes by suggesting that the constitution of Kosovo provides for a broad degree of self-rule to ethnic minorities, which, in turn, provides them with the capacity to enjoy a rather constitutive position as regards the essential components of the polity. 相似文献
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